IN THE CASE OF:
BOARD DATE: 19 February 2015
DOCKET NUMBER: AR20140012161
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests reconsideration of his previous request for award of the Purple Heart.
2. He states the DD Form 1380 (U.S. Field Medical Card) considered in the previous consideration of his case contained only the basic information "wasp sting," which was sufficient at the time to get him the medical help he needed. Other DD Forms 1380 would read shrapnel. He was not listed on the Vietnam Casualty Listing, but the DD Form 1380 indicates he was a casualty. Clerks in Vietnam did as little as possible to get by. He did receive medical treatment. His records do not tell his story or show what he did or earned. He has provided a letter from his platoon leader stating his injury was more than a wasp sting. He also states, in effect, that he was the victim of a booby trap.
3. He provides self-authored statements, a letter from Mr. CWD, and the Record of Proceedings for the previous consideration of his case.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120022071, on 9 July 2013.
2. The applicant has provided new evidence and argument that warrants consideration by the Board.
3. He was inducted into the Army of the United States on 20 March 1968. After completing initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).
4. He was assigned to duty in Vietnam with Troop F, 2nd Squadron, 11th Armored Cavalry Regiment, from 22 August 1968 to 9 August 1969.
5. On 19 March 1970, he was honorably released from active duty.
6. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows no entries for wounds received in action.
7. Review of his record failed to reveal any documentation indicating he was wounded in action or that he was awarded the Purple Heart. His name is not listed on the Vietnam Casualty Roster.
8. Review of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army HRC, failed to reveal any orders for the PH pertaining to the applicant.
9. In support of his previous application he provided a DD Form 1380 showing he received a wasp sting while setting out a trip flare on 29 September 1968. He was treated with ice, Darvon, and a dressing. The form also indicates the injury was a result of enemy action.
10. In support of his request for reconsideration he provides a letter, dated 18 November 2013, from Mr. CWD, who states he was the applicant's platoon leader during the period in question. Mr. CWD states the applicant was severely stung by a nest of hornets disturbed as he placed a trip flare on the perimeter. The incident occurred on 29 September 1968 while setting up a night defensive position outside their base camp. The applicant was stung repeatedly in the face, neck, and hands, and he was treated by the platoon medic. The following morning, he was escorted to the squadron's medical unit for further observation and treatment. He returned to the platoon a few days later. Mr. CWD states he has no recollection of any further issues involving the matter.
11. Army Regulation 600-8-22 (Military Awards) states the PH is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that the applicant was injured by wasp stings during his service in Vietnam and that his injury required treatment by medical personnel. Unfortunately, there is no substantiating evidence that the wasp stings were the result of hostile action.
2. Absent documentary evidence confirming that the wasps that stung him were placed by a hostile force for the purpose of injuring opposing forces, there is an insufficient basis for awarding him the Purple Heart.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20120022071, dated 9 July 2013.
_______ _ _X_____ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20140012161
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140012161
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120022071
The applicant requests: a. award of the Purple Heart and Army Good Conduct Medal (AGCM); b. that the Valorous Unit Award (VUA), Presidential Unit Citation (PUC), Republic of Vietnam Gallantry Cross with Palm Unit Citation, four bronze service stars, and the Cold War Victory Commemorative Medal be added to his DD form 214; and c. that he be issued medal sets for the above awards. He had served 2 years of active service and his DD Form 214 issued at the time of his REFRAD shows that he was...
ARMY | BCMR | CY2007 | 20070018667
The Board noted that there were no PH award orders on file in his record and no personnel service record entries that indicated that the applicant was ever wounded in action or awarded the PH. The applicants Military Personnel Records Jacket (MPRJ) contains no orders or other documents that indicate he was ever wounded in action, or awarded the PH. The applicant was also provided a DD Form 215 (Correction to DD Form 214) to include these awards.
ARMY | BCMR | CY2013 | 20130001047
The Board determined the unit member's and/or witness statements alone, absent any conclusive evidence to show he was wounded or injured as a result of hostile action, that he was treated for such wounds by medical personnel, and that his treatment was made a matter official record, were insufficient evidentiary bases to award him the PH and denied his request. Therefore, he should be awarded the Purple Heart for wounds received in action on 2 April 1971 and his DD Form 214 for the period...
ARMY | BCMR | CY2011 | 20110024388
He provided Medical Evaluation Board (MEB) proceedings, dated 30 April 1970, which state: * he was injured when blasting caps he was carrying in his right hand were detonated by sparks from an exploding trip flare while he was setting up for a night ambush * he suffered a traumatic amputation of his right forearm, below elbow * the entry "AI" 13. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of...
ARMY | BCMR | CY2011 | 20110001080
The applicant provides: * DD Form 1380 (US Field Medical Card(FMC)), dated 5 March 1968 * Standard Form (SF) 513 (Consultation Sheet), dated 9 March 1968 CONSIDERATION OF EVIDENCE: 1. The applicant's request for reconsideration is late by more than 7 years; however, he provides two medical forms attesting to wounds. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Purple Heart for wounds received in...
ARMY | BCMR | CY2006 | 20060006775
There are no general orders in the applicants military records which show that he was awarded the Purple Heart. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned to show the award of the Purple Heart. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by awarding him the Meritorious Unit Commendation, the Republic of...
ARMY | BCMR | CY2012 | 20120004897
The applicant states he was never issued the PH for shrapnel wounds he received in the Republic of Vietnam (RVN). Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100029889, on 23 June 2011. Item 40 (Wounds) of the DA Form 20 is blank and the PH is not included in the list of awards contained in item 41 (Awards and Decorations).
ARMY | BCMR | CY2012 | 20120008505
The PH is not listed on the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and there are no orders or other documents in the applicant's record that indicate he was recommended for or awarded the PH. It states the PH is awarded to members wounded in action and states that in order to award the PH, there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military...
ARMY | BCMR | CY2006 | 2006001049C070205
By regulation, in order to support award of the PH, there must be evidence that the wound for which the award is being made was the result of enemy action, that it was treated by military medical personnel, and a record of this treatment must have been made a matter of official record. Therefore, it would be appropriate to award the applicant the PH, for being wounded in action in the RVN on 7 January 1967. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2013 | 20130021615
Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action. The Purple Heart requires evidence to verify: * the wound was the result of hostile action * treatment of the wound by military medical personnel * documentation of the wound in official records 4. There is no evidence of record and he provides no evidence that shows he was wounded or injured as a result of hostile action in Vietnam.